ABUSUFIYAN REHMANBHAI KURESHIversusSTATE OF GUJARAT
- Disposal
- 27-WITHDRAWN @ ADM.STAGE
- Bench
- SANJEEV THAKER
Holding
The application for cancellation of bail is permitted to be withdrawn, with liberty to re‑file if bail conditions are breached.
Summary
The petitioner, Abusufiyan Rehmanbhai Kureshi, filed a criminal miscellaneous application seeking cancellation of bail, alleging that the trial had commenced and witnesses had been examined. The petitioner’s counsel subsequently requested permission to withdraw the application, citing the ongoing trial and the possibility of future difficulties. The court considered whether the withdrawal could be permitted at this stage of the proceedings. It held that the applicant could be allowed to withdraw the application, provided he retained the liberty to approach the court again if any breach of bail conditions occurred. Accordingly, the court granted the request, disposed of the application as withdrawn, and expressly permitted the petitioner to file a fresh application for bail cancellation should the accused violate any conditions or threaten the complainant.
Issues considered
- Whether the court may permit withdrawal of an application for cancellation of bail at the stage where trial has commenced
Subjects
Judgment
R/CR.MA/6181/2024 ORDER DATED: 29/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CANCELLATION OF BAIL) NO.
6181 of 2024
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ABUSUFIYAN REHMANBHAI KURESHI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MR. RAVI MANDALIYA(14437) for the Applicant(s) No. 1
MR BHUNESH C RUPERA(3896) for the Respondent(s) No. 2
MR SM CHUDASAMA(3712) for the Respondent(s) No. 2
MR NIRAJ SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE SANJEEV J.THAKER
Date : 29/07/2026
ORAL ORDER
Learned advocate Mr.Premal S. Rachh for the
applicant has fairly stated that the trial has been commenced
and witnesses have already been examined.
In view of above, learned advocate for the
applicant seeks permission to withdraw this application at
this stage, with a liberty to approach this Court again in
case of difficulty.
Permission, as prayed for, is granted. This
application stands disposed of as withdrawn, with a liberty to
again file an application for cancellation of bail in case of
breach of any conditions and/or indulge in any illegal activity
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R/CR.MA/6181/2024 ORDER DATED: 29/07/2026
and/or directly or indirectly threatens the
applicant/complainant and/or to make attempt to harm the
applicant/complainant by the accused - respondent No.2
herein.
(SANJEEV J.THAKER,J)
M.H. DAVE/97
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHESHKUMAR HASMUKHLAL DAVE(HC00193), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 29/07/2026 16:49:02
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